THE HON’BLE MRS. JUSTI CE SUREPALLI NANDA

WRI T PETI TI ON No.24679 OF 2022

ORDER:

Heard Sri Shaik Abdul Kalam Riyaz, learned

counsel representing Sri S.A.Razak, learned counsel appearing on behalf of the petitioner on record and the learned Assistant Government Pleader for Services-I I

appearing on behalf of the respondents.

2. The petitioner approached the Court seeking

prayer as under:

“…to issue a writ or order or direction more

particularly one in the nature of Writ of Mandamus declaring the impugned order made in G.O.Rt.218, Health, Medical and Family Welfare (VC.2) Department, dated 13-04-2022 by the 1^st respondent as illegal, arbitrary, unjust and violate of principles of natural justice besides vitiate the entire enquiry. Consequently direct the respondents to pay all consequential terminal benefits such as full pension, gratuity, commutation value of pension etc., and pass such other order or orders in the

interest of justice.”

3. The case of the petitioner, in brief, as per the averments made in the affidavit filed by the petitioner

in support of the present Writ Petition is as under:

i) The petitioner was appointed as Junior Analyst in the Institute of Preventive Medicine on 06.02.1986, promoted as Senior Analyst on 07.02.1998, and retired on 31.10.2017.

ii) While in service, the petitioner was issued with four charge memos mainly relating to availing earned leave and obtaining a passport without prior permission. The enquiry resulted in a minor penalty of withholding one increment without cumulative effect in 1997, which was later regularized.

iii) However, after 21 years and just before retirement, the respondents issued another charge memo R.C.No.2612/E1/2016-17 dated 31.08.2017 alleging that the petitioner had obtained a passport in 1991 by suppressing facts and worked abroad as a Chemist. The petitioner had submitted his explanation dated 08.09.2017, the respondents passed the impugned order G.O.Rt.No.218 dated 13.04.2022 imposing a permanent 50% cut in pension. Aggrieved by the same, the petitioner filed the present writ petition.

4. PERUSED THE RECORD:-

(A) The relevant portion of G.O.Rt.No.218, Health, Medical and Family Welfare (VC.2) Department dated 13.04.2022, issued by the respondent No.1 - the Secretary to the Government, Health, Medical and Family Welfare (VC.2) Department, Telangana, is extracted hereunder:-

“Whereas, in the reference 1^st read above, Director, Institute of Preventive Medicine Public Health Labs and Food (Health) Administration, Hyderabad has initiated departmental action under rule 20 of the Telangana Civil Services (Classification, Control and Appeal) Rules, 1991 against Sri Syed Abdul Qaiyum, Senior Analyst (Retired) by framing article of charges. In the reference 2^nd read above, the Charged Officer has submitted his written statement of defence.

2. Whereas, in the reference 3^rd read above, appointed the Deputy Director (Bio-Chemistry), Institute of Preventive Medicine, Hyderabad as Inquiring Authority. The Inquiry Authority has submitted his report holding that the charges are held proved against the charged officer vide reference 4^th read above. In the reference 5^th read above, a copy of enquiry report communicated to the charged officer calling for his explanation. The charged officer has submitted his explanation, vide reference 6^th read above.

3. Whereas, in the reference 7^th read above, the Director, Institute of Preventive Medicine Public Health Labs and Food (Health) Administration, Hyderabad has requested the Government to take further necessary action in the matter as per rule 9(2)(a) of Telangana State Revised Pension Rules, 1980, as the charged officer retired from service.

4. Whereas, after examination of the disciplinary case initiated against Sri Syed Abdul Qaiym, Senior Analyst (Retired), Office of the Institute of Preventive Medicine, Hyderabad, Government have provisionally taken a decision to impose a penalty of withholding of 10% Pension under rule 9 of Telangana State Revised Pen